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                                                                  H.B. No. 681




AN ACT

relating to the forfeiture of good conduct time from inmates who 
file frivolous applications for writ of habeas corpus.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 498.0045, Government Code, is amended by 
amending Subsection (a) and adding Subsection (a-1) to read as 
follows:
	(a)  In this section, "final order" means a certified copy of 
a final order of a state or federal court that dismisses as 
frivolous or malicious a lawsuit, including a proceeding arising 
from an application for writ of habeas corpus, brought by an inmate 
while the inmate was in the custody of the department or confined in 
county jail awaiting transfer to the department following 
conviction of a felony or revocation of community supervision, 
parole, or mandatory supervision.
	(a-1)  For purposes of this chapter, an application for writ 
of habeas corpus is considered "frivolous" if brought for the 
purpose of abusing judicial resources.
	SECTION 2.  This Act applies only to a forfeiture of good 
conduct time based on the filing in court of an application for writ 
of habeas corpus on or after the effective date of this Act.
	SECTION 3.  This Act takes effect September 1, 2005.                           




______________________________              ______________________________
 
   President of the Senate                               Speaker of the House      

	I certify that H.B. No. 681 was passed by the House on May 5, 
2005, by a non-record vote.

                                                  ______________________________
                                                     Chief Clerk of the House   

	I certify that H.B. No. 681 was passed by the Senate on May 
25, 2005, by the following vote:  Yeas 31, Nays 0.

                                                  ______________________________
                                                     Secretary of the Senate    



APPROVED:  _____________________                                            
 
                   Date                                                      




 
          _____________________                                          
 
                 Governor